STAND. COM. REP. NO.  496

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 1641

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committees on Energy & Environmental Protection and Agriculture, to which was referred H.B. No. 1641 entitled:

"A BILL FOR AN ACT RELATING TO PESTICIDES,"

beg leave to report as follows:

     The purpose of this measure is to limit the distribution and application of restricted pesticides used for structural pest control to pest control operators licensed by the Department of Commerce and Consumer Affairs.

     More specifically, the measure prohibits pesticide dealers from selling restricted use pesticides to any applicator who is not employed or supervised by a licensed pest control operator.  Additionally, the measure requires dealers to confirm that the pest control operator is validly licensed.

     The Department of Agriculture and the Hawaii Pest Control Association submitted testimony in support of the bill.

     Your Committees have amended this measure by incorporating amendments suggested by the Department of Agriculture to establish a shared responsibility on pesticide applicators for the appropriate use and application of restricted pesticides by:

     (1)  Changing the term defined from "structural pesticide applicator" to "pest control operator;"

     (2)  Clarifying the pesticide dealer's restriction on the sale of restricted use pesticides by requiring that the person who buys or orders such pesticides be certified in certain structural pest control categories and employed by a pest control operator or  under the supervision of a certified applicator who is employed by a pest control operator;

     (3)  Limiting the use or application of restricted use pesticides to individuals who are certified in certain structural pest control categories and employed by a pest control operator; and

     (4)  Removing the requirement for pesticide dealers to confirm the validity of pest control operators' licenses once every one hundred twenty days.

Finally, technical nonsubstantive amendments have been made for purposes of style and clarity.

     As affirmed by the records of votes of the members of your Committees on Energy & Environmental Protection and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1641, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1641, H.D. 1, and be referred to the Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committees on Energy & Environmental Protection and Agriculture,

____________________________ CLIFT TSUJI, Chair

____________________________ HERMINA MORITA, Chair